National Green Tribunal
Chander Singh vs 1. Union Of India on 5 April, 2021
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No. 07 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(By Video Conferencing)
Original Application No. 995/2019
(I.A. No. 390/2020 & I.A. No. 391/2020)
(with report dated 20.01.2021)
Chander Singh Applicant
Versus
Union of India & Ors. Respondent(s)
Date of hearing: 05.04.2021
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. NAGIN NANDA, EXPERT MEMBER
Applicant: Ms. Nidhi Mittal, Advocate
Respondents: Mr. Mukesh Kumar, Advocate for CPCB
Mr. Mukesh Verma, Advocate for UEPPCB
Mr. Sandeep Mishra, Advocate for M/s N.B. Minerals Corporation
ORDER
1. A joint report was sought from the SEIAA, Dehradun, District Magistrate, Pithoragarh, Uttarakhand State PCB and representative of the Indian Bureau of Mines and Ministry of Mines, Government of India, with reference to the allegation that mine of dolomite was illegally being operated by N.B Minerals Corporation Ltd., Haldwani, District Nainital at Village Dundu, Tehsil Didihat, Distt. Pithoragarh, Uttarakhand.
2. The matter was considered on 24.02.2020 in the light of report dated 27.01.2020 to the effect that there was violation of environmental norms, including in disposal of the muck. The Tribunal observed:
"3. In view of the above acknowledged violations, remedial action needs to be taken to recover compensation by 1 following due process of law. Apart from recovering compensation, remediation of the area is also necessary for restoration of the environment. It is necessary to prepare a remediation plan for the purpose.
4. In order to carry out remediation as well as to assess compensation, we constitute a joint Committee comprising the CPCB, Indian School of Mines, Dhanbad, Bihar, Indian Bureau of Mines, Ministry of Mines, Government of India, New Delhi and SEIAA, Uttarakhand, Dehradun. The CPCB will be the nodal agency for coordination and compliance. The report may be filed before the next date by email at [email protected]. Further action may be completed within three months.
5. A copy of this order be sent to the CPCB, Indian School of Mines, Dhanbad, Bihar, Indian Bureau of Mines, Ministry of Mines, Government of India, New Delhi and SEIAA, Uttarakhand, Dehradun by email for compliance."
3. The matter was last considered on 16.09.2020 in the light of further report filed by the joint Committee dated 10.09.2020 recommending stopping of mining till compliance and taking other steps mentioned therein to address the impact of waste lying outside the leased area. The report was accepted and the Committee was directed to complete its task of preparing and getting executed the remedial plan in terms of order dated 24.02.2020. The operative part of the order is as follows:
"3. Accordingly, report dated 10.09.2020 has been filed by the CPCB to the effect that further detailed examination is necessary for determining the quantum of damage. It is also recommended that some immediate measures be taken to prevent further damage as follows:
"5.5.1. Not to allow mining operations till complying prescribed environmental Norms/ guidelines/ recommendations of the committee hereunder.
5.5.2. To carry out geo-referenced drone survey of the lease area and its surrounding affected area due to spillage of material from mine and submit the output in appropriate format for further analysis and preparation of remedial plans.
5.5.3. Take all appropriate immediate actions to arrest/trap the material from rolling down/flowing away outside lease area by gravity or rain or otherwise.2
5.5.4. Give undertaking that waste material/muck will not be dumped outside the mining lease area in future.
5.5.5. Prepare a time bound action plan to take all appropriate actions to address the impact of waste lying outside the lease;
i) shift the outside dumped/ rolled/ flown/ washed material/ muck to a suitable safe and secure place within mining lease area and stabilize it.
ii) in case of area where such material is not safe to handle such portion shall be appropriately terraced, compacted, reclaimed by plantation of local species and ensure its watch and ward till the plantation achieved self-sustained age and height.
iii) Any other appropriate method for restoration /reclamation etc. 5.5.6. To construct robust obstruction structures (such as toe walls, parapet walls) silting ponds etc. under the guidance of district administration, ensure that muck mixed slurry water of rain does not enter into the Dundu stream.
5.5.7. To develop a natural obstruction and/or construct retaining walls at the end of lowest/bottom most bench of the mine so that waste material/muck does not roll down/spillover downwards along the hillock to outside mining lease.
5.5.8. To submit the action plan for repairing the irrigation water channels and village roads blocked by spillover of muck, if any.
4. We see no reason why the above recommendations be not followed. Accordingly, the above recommendations be acted upon. We grant the time sought by the Committee for completing its task and the report may now be submitted within three months by e- mail at [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF. The Committee may also ensure that EC conditions are duly complied with."
4. Accordingly, the Committee has filed its report through CPCB on 20.01.2021 mentioning the steps taken in the matter and suggesting that a geo-referenced drone survey be carried out for further analysis and based thereon further action be taken. The recommendations are as follows:
"xxx.................................xxx............................xxx.............3
6.2. The proponent has submitted compliance status to CPCB vide its letter dated 03.12.2020. Copy of the letter is attached for the reference at Annexure-3. As per the status submitted by the proponent, none of the recommendation of the committee has been denied and given the action plan for compliance and most of the actions suggested are yet to be completed. Further it was informed by IBM that on date no mining plan is under approval stage with them.
6.3. The Committee requires technical inputs prior to field visit like georeferenced drone survey of the lease area and its surrounding affected area due to spillage of material from mine for analysis and preparation of remedial plans. The same was recommended in interim report at 5.5.2. As these inputs have not been received thus the field visit, as proposed, in interim report couldn't be undertaken. Wherein, as per the proponent they are in process of finding the suitable agency for conducting the desired survey.
6.4. The Committee recommends that the proponent shall carry-out and submit the geo-referenced drone survey of the lease area and its surrounding affected area due to spillage of material from mine and submit the output in appropriate format for further analysis and preparation of remedial plans at the earliest. On receipt of the data/survey details field visit and inspection will be finalized and report will be submitted in two months' time.
7. The Committee recommends Hon'ble NGT to issue appropriate directions to proponent for providing required geo-referenced drone survey of the lease area and its surrounding affected area due to spillage of material from mine for analysis and preparation of remedial plans."
5. Annexure-III referred to in para 6.2 above is reproduced below:
" S. conditions Reply
No.
5.5.1 Not to allow mining operations till Operation of mining
complying prescribed environmental activities is not under
Norms/guidelines/recommendations process from 22.03.2020
of the committee hereunder. and will be started after
the recommendation the
committee as started i.e.
5.5.1
5.5.2 To carry out geo-referenced drone The geo reference drone
survey of the lease area and its survey will be carried out
surroundings affected area due to by suitable/capable
spillage of material from rolling surveyor. We are in
down/flowing away outside lease process of finding the
area by gravity or rain or otherwise. suitable consultants who is capable to carry out survey.
5.5.3 Take all appropriate immediate We have taken all the actions to arrest/trap the material precautionary measure 4 from rolling down/flowing away like retaining wall/toe outside lease area by gravity or rain wall to arrest/trap the or otherwise. material from rolling down/flowing away outside lease area by gravity or rain or otherwise.
5.5.4 Give undertaking that waste The undertaken is material/muck will not be dumped attached as Annexure-I. outside the mining lease area in The waste material/ future. muck is not to be dumped in area which is not controlled in mine owner.
5.5.5 Prepare a time bound action plan to At present the mining take all appropriate actions to operation has been address the impact of waste lying stopped from March 22, outside the lease. 2020. The mine plan is under approval process from IBM. The details of appropriate action on waste lining outside the lease are given below.
i) Shift the outside dumped/rolled/ The material was fall flown/washed material/muck to a through monsoon period suitable safe and secure place during heavy rain.
within mining lease area and Approx. 30.0 Nalli land stabilize it. has already been purchase by N.B. Minerals and our Transporter Mr. Kishan Bhandari, who has no objection. Other land in which waste material flown down due to natural calamities i.e. rains, we have already compensate those land owners. In own land, we will stabilize the material through spreading and develop green belt and removing the waste material from other land when the mining work starts.
ii) In case of area where such portion Due to terraced with shall be appropriately terraced, slope land, we will compacted, reclaimed by plantation of stabilize the material local species and ensure its watch and through spreading and ward till the plantation achieved self develop green belt. We sustained age and height.
will construct a retaining wall during mining operation around the periphery of the mine for controlling flow down of waste material.
5iii) Any other appropriate method for No any other method for restoration/ reclamation etc. restoration except construct a retaining wall during mining operation around the periphery of the mine for controlling flow down of waste material 5.5.6 To construct robust obstruction We will construct toe structures (such as toe walls, walls/parapet walls parapet walls) silting ponds etc. around waste material under the guidance of district side for controlling slurry administration, ensure that muck water is not enter into mixed slurry water of rain does not Dundu stream during enter into the Dundu Stream. rains with the discussion of district administration.
5.5.7 To develop a natural obstruction We will construct and/or construct retaining walls at retaining wall around the end of lowest/bottom most bench lowest bench before of the mine so that waste material/ monsoon season for muck does not roll down/spillover material/muck does not downwards along the hillock to roll down /spillover outside mining lease. downwards along the hillock to outside mining.
5.5.8 To submit the action plan for Irrigation water channels
repairing the irrigation water is already repaired and
channels and village roads by muck removed from the
spillover of muck, if any. village roads. Letter from
village panchayat is
attached as Annexure-2. "
6. While the situation emerging from the Expert Committee report is that the violation of law continues and remedial action is still required, the applicant has sought permission to withdraw the application. The application having been filed for protection of the environment cannot be withdrawn at the will of the applicant. Under the circumstances, we proceed with the matter of requiring further remedial action to be taken.
While we accept the recommendations that a geo-referenced drone survey is required, we do not appreciate the suggestion that it should be got done by the project proponent itself. It should be got done by the Committee through an appropriate official mechanism. Needless to say that the Committee can take assistance of such other expert or institution as may be necessary.
67. IA 390-391/2020 have been filed by M/s. N.B. Minerals Corporation on 23.11.2020, the project proponent for modification of the order of this Tribunal of not permitting mining till compliance of violations noticed and praying that no coercive steps be taken for non compliance. It is stated that EC was granted on 09.10.2019 which was received by the mining company on 26.10.2019. Present application was filed on 11.10.2019. Mining was allowed by the Joint Secretary, Department of Mines, vide letter dated 15.01.2020, as a result of an order of the Uttarakhand High Court in W.P. No. 11/2019, which was later stopped on account of lockdown. All norms have been duly followed.
The company is giving employment and generating income. Still, closure order was passed which is not called for. Vide letter dated 19.10.2020, the State Government required the project proponent to stop mining to which the project proponent gave response. The report of the Committee, based on satellite image, is not factually correct. Closure of mine is against public interest. Similar stand has been taken by the applicant by filing an affidavit on 04.04.2021.
8. Prayer of the project proponent and the applicant, who is also supporting it, cannot be accepted in view of finding in a credible report of the Expert Committee comprising CPCB, Indian School of Mines, Dhanbad, Indian Bureau of Mines, GoI, and SEIAA, Uttarakhand, dated 27.01.2020 as follows:
"During inspection it was found that muck extracted during mining was being dumped outside the leased area on the agricultural lands and no safeguards are being adopted by the lessee. This information was sent to the District Magistrate who had already suspended the mining work but there were no scientific steps taken as a result of stopping of the mining activity which were necessary."7
9. The stand of the project proponent that the report is not factually correct cannot be straightaway accepted and can at best be required to be verified by the joint Committee. The mining been suspended till compliance which, even according to the latest report, has not happened so far. The project proponent has to ensure compliance of environmental norms and restoration of the area. In particular, sliding/disposal of muck in water course must be stopped. The joint Committee may verify the stand of the applicant and the project proponent with the assistance of the District Administration to take further remedial action. The Committee will be free to have the restoration plan executed from the project proponent or from any other agency and till such execution mining may not be allowed to be resumed. IA Nos. 390-391/2020 stand disposed of accordingly.
10. The Committee may furnish its action taken report within two months by e-mail at [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF.
List for further consideration on 13.07.2021.
A copy of this order be forwarded to CPCB, Indian School of Mines, Dhanbad, Indian Bureau of Mines, GoI, SEIAA, Uttarakhand and District Magistrate, Pithoragarh by e-mail for compliance.
Adarsh Kumar Goel, CP S.K. Singh, JM Dr. Nagin Nanda, EM April 5, 2021 Original Application No. 995/2019 I.A. No. 390/2020 & I.A. No. 391/2020 DV 8